Legal Opinion

Milbank Mutual Insurance v. Wentz

Court of Appeals for the Eighth Circuit

Decided November 10, 1965No. 17982PublishedCited by 1 opinion

1Opinion of the Court

GIBSON, Circuit Judge.

This appeal is from the United States District Court for the District of North Dakota, holding appellant liable as an insurer under an automobile liability policy. Appellant is a South Dakota insurance corporation, and appellees were the litigants in a state court action which arose out of an automobile collision. Diversity of citizenship, with requisite amount, establishes jurisdiction. The substantive law of North Dakota applies.

On July 21, 1959, Eugene Gefroh was driving a 1957 Ford automobile eastward along North Dakota U. S. Highway 10. With Eugene were his older…

2Cases cited13 opinions

  1. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  2. Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
  3. Skelly Oil Co. v. HollowayCourt of Appeals for the Eighth Circuit · 1948
  4. Kelso v. KelsoSupreme Court of Missouri · 1957
  5. Didlake v. Standard Ins. CoCourt of Appeals for the Tenth Circuit · 1952

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3Cited by1 opinion

  1. Milbank Mutual Insurance Company v. WentzCourt of Appeals for the Eighth Circuit · 1965

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